Revoking Resolution A88-045 and Circular No. 001, S. 1988 Re: CHR Jurisdiction Over Violations of Civil and Political Rights

January 25, 1996

CHR RESOLUTION NO. A96-005

WHEREAS, the Constitution provides under Section 18 (1), Article XIII that the Commission on Human Rights shall have the powers and functions to investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;

WHEREAS, Executive Order No. 163 dated May 5, 1987, duly constituted the Commission on Human Rights and enumerated the forms of human rights violations involving civil and political rights over which the Commission has jurisdiction to take cognizance of, such as:

a) Right to life;

b) Right to liberty;

c) Right to security; ATDHSC

d) Right to respect for one's dignity;

e) Right to marry and to found a family;

f) Right to own property;

g) Freedom from slavery and servitude;

h) Freedom from torture or cruel, inhuman or degrading treatment and punishment;

i) Freedom from arbitrary interference with one's privacy, family, home or correspondence;

j) Freedom from arbitrary arrest, detention or exile;

k) Freedom from movement and residence;

l) Freedom of thought, conscience and religion; and

m) Freedom of opinion and expression. aTSEcA

WHEREAS, this Commission issued a Resolution No. A88-045 dated July 26, 1988, adopting Circular 001, Series of 1988 which, for purposes of investigation, classified human rights violation into (1) Human Rights Violations Per se, and (2) Other Cases of Human Rights Violations;

WHEREAS, after seven (7) years of applying said Circular 001 in the conduct of its investigation operations, the Commission finds it imperative to revoke Resolution CHR A88-045 and Circular 001, series of 1988 and delineate the human rights violation cases it should investigate;

NOW THEREFORE, it is hereby RESOLVED, as it is hereby resolved that the Commission revoke Resolution A88-045 and Circular No. 001, Series of 1988 and render the provisions therein contained without force and effect, thereby declaring that by virtue of the powers granted to it, the Commission have ^* the jurisdiction to investigate violations of civil and political rights of persons within the Philippines, as well as Filipinos residing abroad, such as but not limited to:

"1. Rights of prisoners or detainees against physical, psychological and degrading punishment resulting in the commission of crimes against persons as provided in Title Eight of Republic Act No. 3815, ^* as amended, and the related special laws; ISTDAH

2. Constitutional guarantees provided against the use of torture, force, violence, threats, intimidation, and other means that vitiate the free will of any person or force him to do anything or sign any document against his will;

3. Right to a fair and public trial as recognized under the Constitution, applicable laws and statutes and jurisprudence;

4. Right to life without due process of law, where its commission is tantamount to summary execution and/or extrajudicial execution (salvaging);

5. Liberty of abode and of changing the same within the limits prescribed by law, except upon lawful order of the court, where the acts committed constitute hamletting, forced eviction/illegal demolition, or development aggression;

6. Right of people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures as defined in Articles 124, 125, 126, 127, 128, 129 and 130 of Title II and in Articles 269, 280, 282, 286, 287 of Title Nine of Republic Act No. 3815, ^* as amended, and the related special laws, where said acts are committed in the course or by reason thereof or when involuntary or enforced disappearance as defined under applicable laws or international treaty obligations on human rights resulted or was the reason for the violations; EcAISC

7. Rights of person arrested, detained or under custodial investigation as well as the duties of the arresting, detaining, and investigating officers defined under Republic Act No. 7438;

8. Right of the people to peaceably assemble and petition the government for redress of grievances which are defined in Articles 131 under Title Two of Republic Act No. 3815, * as amended, and the related special laws;

9. Right of the people to be free from involuntary servitude in relation to Section 18 (2) of Articles 272, 273, 274, of Title 9, Article 341 of Title XI of Republic Act No. 3815, * as amended, and the related special laws;

10. Free exercise and enjoyment of religious profession and worship, without discrimination of religion in relation to offenses defined in Articles 132 and 133 of Title Two of Republic Act No. 3815, * as amended, and the related special laws, including offenses against the religious, such as the desecration of places of worship, graves, interruption of religious worships and other acts notoriously offensive to the feelings of the faithful."

SO RESOLVED.

Done in the City of Pasig on this 25th day of January 1996. AaHDSI

 

(SGD.) VICENTE P. SIBULOActing Chairman

 

(SGD.) MERCEDES V. CONTRERASCommissioner

 

(SGD.) NASSER A. MAROHOMSALICCommissioner

 

(SGD.) JORGE R. COQUIACommissioner

ATTESTED BY:

 

(SGD.) ATTY. HOMERO MATTHEW P. RUSIANACommission Secretary